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TMI BlogApplicability of service tax for providing cleaning service to School BuildingX X X X Extracts X X X X X X X X Extracts X X X X ..... Applicability of service tax for providing cleaning service to School Building X X X X Extracts X X X X X X X X Extracts X X X X ..... but excludes such service in relation. to agriculture,horticulture,animal husbandry and dairying . But there is no mention of school building. My query is: whether service tax is applicablefor providing such service to school building or other educational building owned or maintained by government/public sector or by private sector. Reply By raj kumar shukla: The Reply: As per para 9.3of CBEC C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ircular Fno. B1/6/9.2005-TRU dtd 27-07-2005 ,cleaning services in respect of non commercial building and premises thereof would not be covered within the purview of service Tax under this category.Further taking a cue from para13.2 of circular no. 80/10/2004 -ST dated 17-9-2004 which albeit is in context of commercial construction we may say that schools are not commercial construction.circular sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ysSUCH CONSTRUCTIONS WHICH ARE FOR USE OF ORGANIZATIONS OR INSTITUTIONS BEING ESTABLISHED SOLELY FOR EDUCATIONAL,RELIGIOUSCHARITABLE, HEALTH,SANITATION OR PHILANTHROPIC PURPOSES AND NOTFOR THE PURPOSES OF PROFIT ARE NON TAXABLE BEING NON COMMERCIAL IN NATURE. you may take the decision accordingly.Get youe case fortified by getting the nature of building verified from local bodies.. Reply By DEV ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... KUMAR KOTHARI: The Reply: Whether school is a commercial institution or charitable institution ,need to be examined. The nature of service whcih is taxable can be considered of sepcialised type and not general cleaning activity. There can be disputes on all these issues. So better is to have in house cleaning activity to reduce costs to school and burden on students. Reply By NEERAJ KUMAR, RAN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CHI: The Reply: Dear Mr Bhattacharya, In my opinion providing cleaning services to a govt school will certainly not attract service tax.the provision provides: "Commercial or industrial; buildings and premises thereof; or factory, plant or machinery tank or reservoir of such commercial or industrial buildings and premises thereof, but doe not include such services in relation to agriculture, h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orticulture, animal husbandary or dairying "
This means that even if the activity of agriculture, horticulture, animal husbandary or dairying is commercial however cleaning services to the same will not attract service tax. To be more clear if the intention of the school is not to earn profit and thus not commerical and therefore will not attract service tax X X X X Extracts X X X X X X X X Extracts X X X X ..... ng ..... X X X X Extracts X X X X X X X X Extracts X X X X
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